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Real Estate
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November 19, 2024
Wash. Tribe Looks To Ax Wildlife Refuge Protection Suit
A Washington state tribe is looking to dismiss a challenge by three environmental groups to the federal government for failing to protect a national wildlife refuge from an industrial aquaculture operation, arguing that the true purpose of the case is to restrict its members from farming in their historic homeland.
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November 19, 2024
Argentina Must Face $54M Sewage Award Suit, Judge Says
Argentina must face Webuild's lawsuit to enforce a more than $54 million arbitral award it won more than a decade ago in a dispute over a water and sewage service concession, after a Washington, D.C., federal judge rejected the country's argument that the Italian construction giant had missed a crucial deadline.
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November 19, 2024
DOJ Hits Pennsylvania With Bias Suit Over Building Code
A Pennsylvania building code with an automatic sprinkler requirement for community homes for autistic people or those with intellectually disabilities is discriminatory, as it doesn't apply to "similarly sized" homes for people who aren't disabled, the federal government alleged Tuesday.
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November 19, 2024
Condo Says Insurer Underpaid By $19M After Hurricane Ian
A Florida condo association said its insurer underpaid it by nearly $19 million after Hurricane Ian destroyed its property in 2022, according to a suit that was removed to federal court.
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November 19, 2024
'Survivor' Winner Needs To Pay $3.3M Tax Bill, Judge Advises
The winner of the "Survivor" television series who evaded taxes on his $1 million in prize money and served time in prison should pay $3.3 million of his civil liabilities, including fraud penalties, a federal magistrate judge said.
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November 19, 2024
Ohio Board OKs Income Approach In Two Theater Valuations
Two Ohio movie theaters should be valued using the income approach to valuation applied by a county appraiser, the state tax board said in separate rulings involving two counties.
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November 19, 2024
Ga. Panel Says 190-Year-Old Marshland Grant Is Valid
A Georgia appellate court has sided with a company seeking to retain ownership of 1,000 acres of Georgia coastal marshland by using an 1834 document in which the state granted the land to the company's predecessor-in-title.
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November 19, 2024
PierFerd Adds FisherBroyles RE Partner To DC Shop
Pierson Ferdinand LLP has added a FisherBroyles LLP partner who works with real estate financing and transactional matters to its Washington, D.C., team, the firm announced Tuesday.
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November 19, 2024
RFK Stadium Bill Passes Committee, Full Senate Vote Is Next
A bill that would give the Washington, D.C., city government control over land that could be home to a new stadium for the NFL's Commanders passed overwhelmingly Tuesday morning by the U.S. Senate Energy and Natural Resources Committee, moving it to the full Senate for approval.
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November 19, 2024
Treasury Finalizes Partnership Tax Credit 'Direct Pay' Regs
The U.S. Treasury Department finalized regulations Tuesday to make it easier for tax-exempt entities that co-own development projects to qualify for a direct cash payment of clean energy tax credits by electing out of their partnership tax status.
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November 18, 2024
3M Can't Add DuPont, Others To PFAS Water RICO Fight
A Massachusetts federal judge rejected on Monday requests by 3M Corp. and other defendants to add DuPont entities and over a dozen additional companies as cross-defendants in a proposed racketeering class action seeking to hold the companies liable for conspiring to contaminate local drinking water with so-called forever chemicals.
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November 18, 2024
Bannon's 'We Build The Wall' Trial Delayed Until 2025
A New York state judge on Monday agreed to push to February the criminal trial of Steve Bannon over an alleged scheme to con donors seeking to fund new segments of the U.S. border wall, while also allowing prosecutors to introduce additional financial records at trial.
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November 18, 2024
Brokerage Startup Defends Suit Over NAR Listing Rules
A residential brokerage startup defended its antitrust lawsuit from dismissal motions filed by the National Association of Realtors and multiple brokerages, arguing in Utah federal court that it has standing to bring its suit "as an excluded competitor" and that it's not required to make specific claims about the roles of the defendants in the alleged antitrust conspiracy.
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November 18, 2024
State Farm Keeps Win In Suit Over Fatal Domestic Shootings
An Ohio state appeals court on Monday backed State Farm's early win in a dispute between the estates of two deceased romantic partners following shootings that left both dead, with the three-judge panel concluding that the lower court rightly ruled that the insurer's policies with the boyfriend did not cover the incident.
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November 18, 2024
HUD Ducks Homeowner's Insurance Overpayment Suit
A Florida federal judge dismissed a homeowner's proposed class action alleging the U.S. Department of Housing and Urban Development failed to refund mortgage insurance premium overpayments, finding the suit seeks sweeping relief that exceeds the court's power.
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November 18, 2024
Chancery Orders Paybacks In Decade-Old Lease Co. Suit
Former directors of a global temporary housing business that served corporations worldwide must repay indemnification payouts under a multipart Court of Chancery ruling on a suit originally brought in 2014 alleging breaches of a shareholder agreement and fiduciary duty.
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November 18, 2024
Treasury Finalizes Tougher Foreign Investment Law Penalties
The Treasury Department on Monday finalized a rule sharpening its enforcement authority to stop or demand additional information regarding foreign-investment deals that the U.S. deems potential threats to national security.
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November 18, 2024
Trump Co. Seeks Coverage Of Wage Theft, Discrimination Suit
The Trump Corp. asked a New York federal court to force an insurer to defend it in a more than $500,000 wage theft and age discrimination dispute brought by a former employee of a company-managed luxury condo in Manhattan.
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November 18, 2024
Wash. Court Asked To Eye Renewal Docs In Fire Damage Row
A Washington couple and two Progressive units urged a federal court to issue a pretrial ruling on whether the couple is entitled to up to $750,000 for a fire they said "destroyed" their home, after Progressive denied coverage for failure to pay the homeowner policy's premium.
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November 18, 2024
Justices Urged To Review Landlords' COVID Eviction Ban Suit
A group of trade associations and a nonprofit urged the U.S. Supreme Court on Monday to grant a review petition filed by landlords claiming they lost $100 million as a result of Los Angeles' COVID-19 eviction moratorium, which ended in January.
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November 18, 2024
Mo. Bank Properly Valued At $1.1M, Commission Rules
A Missouri property that is owned and operated by a bank branch was properly valued at $1.1 million, the state's tax commission ruled, saying the bank's appraiser was not persuasive in her argument that the value should be lowered to $725,000.
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November 18, 2024
8th Circ. Set For Arguments In Oil Lease Termination Row
The Eighth Circuit set arguments on Friday for Dec. 18 in an appeal over a North Dakota federal judge's decision to throw out Denver-based Prima Exploration Inc.'s lawsuit alleging the Bureau of Indian Affairs schemed with two rival companies to end its lease on land within the Fort Berthold Reservation.
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November 18, 2024
Mo. Tax Commission Upholds Storage Facility's $7.4M Value
A Missouri storage facility was properly valued at $7.4 million because the real estate company that owned the facility failed to prove the value should be lowered to $2.7 million, the state tax commission said.Â
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November 18, 2024
NJ Justices To Consider Sanctions Against Town For Suing Attys
The New Jersey Supreme Court has decided to weigh in on whether state law provides municipalities with immunity from sanctions for frivolous litigation, as it takes up a long-running affordable housing case in Englewood Cliffs.
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November 18, 2024
Latham Leads Invitation Homes In $200M Acquisition JV
Latham & Watkins LLP advised Invitation Homes in forming a joint venture announced Monday to buy $200 million worth of newly constructed homes.
Expert Analysis
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Opinion
Rental Price-Fixing Suit Against RealPage Doesn't Add Up
Recent government antitrust litigation against RealPage, alleging that the software company's algorithm for setting rental prices amounts to price-fixing, has failed to allege an actual conspiracy, and is an example of regulatory overreach that should be reined in, says Andrew Ketterer at Ketterer & Ketterer.
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Navigating FEMA Grant Program For Slope Fixes After Storms
In the aftermath of Hurricanes Helene and Milton, it is critical for governments, businesses and individuals to understand the legal requirements of the Federal Emergency Management Agency's grant programs to obtain funding for crucial repairs — including restoration of damaged infrastructure caused by landslides and slope failures, says Charles Schexnaildre at Baker Donelson.
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Smith's New Trump Indictment Is Case Study In Superseding
Special counsel Jack Smith’s recently revised Jan. 6 charges against former President Donald Trump provide lessons for prosecutors on how to effectively draft superseding indictments in order to buttress or streamline their case, as necessary, says Jessica Roth at Cardozo Law School.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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What To Make Of Dueling Corporate Transparency Act Rulings
Although challenges to the Corporate Transparency Act abound — as highlighted by recent federal court decisions from Alabama and Oregon taking opposite positions on its constitutionality — the act is still law, so companies should comply with their filing requirements or face the potential consequences, say attorneys at Lowenstein Sandler.
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Perspectives
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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Colorful Lessons From NYC's Emotional Support Parrot Suit
A recently settled lawsuit in New York federal court concerning housing discrimination claims from a resident who had emotional support parrots highlights the importance of housing providers treating accomodation questions seriously even if they may appear unusual or questionable, say attorneys at Seyfarth.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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Recent Securities Cases Highlight Risks In AI Disclosures
Increasing public disclosure about the use and risks of artificial intelligence, and related litigation asserting that such disclosures are false or misleading, suggest that issuers need to exercise great care with respect to how they describe the benefits of AI, say Richard Zelichov and Danny Tobey at DLA Piper.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.